* N A R |N1
Durford Bridge, River Rother \ 7 ^ E DEFENCE BYELAWSSEA tl S CLudjld ]C /S U s g itfla B AND DRAINAGE LAND u £ h T fccl t \ of o r\ c \ S rtS l c c -f o d p trEvrn ent Environm ater W Southern Region Rii'ersNational Authority G u ardian s of the of s ardian u G NRA TUe U T l / c
NRA Southern Region
The National Rivers Authority aims to pro fide effective defence fo r people and property against flooding from rivers and the sea In Southern Region the NRA maintains 281 km o f sea defences and 2,740km of main rifer, serving a population of 4.5 million.
LAND DRAINAGE AND SEA DEFENCE BYELAWS IN SOUTHERN REGION
The Southern Water Authority Land Drainage Byelaws 1981 are the Land Drainage Byelaws in force in the Southern Region o f the National Rirers Authority (NRA). They ne’re made by the Southern Water Authority under Section 34 of the Land Drainage Act 1976 as confirmed by the Minister of Agriculture, Fisheries and Food on 4 October 1982, and came into operation on 4 November 1982. On 1 September 1989 they' were enforceable by• the NRA by virtue o f the provisions o f the Water Act 1989 and since 1 December 1991 they have been enforceable by virtue o f provisions o f the Water Consolidation (Consequential Provisions) Act 1991 Schedule 2. A ll references in these byelaws to the Authority’ should now be construed as reference to the NRA and all references to the 'Land Drainage Act 1976’ should now be construed as reference to the 'Water Resources Act 1991' or the Land Drainage Act 1991’ as appropriate. The NRA’s principal Regional Office is at: Guildboume House. Chatswortb Road, Worthing. West Sussex BN 11 1LD. a < A
CONTENTS
Page No. Application 2 PART I River control works 2—3 Flow of water in rivers Duties o f riparian owners and occupiers 4—5 Stability o f banks, bridges, etc 5—7 Operations in rivers and on riverbanks 7— 8 Vessels in rivers and navigation 8—9 PART 2 Sea and tidal defences I (>—13 PART 3 Authority powers 14 Miscellaneous 14—19 Notes 20
S o u t h e r ,\x R e g i o n Maidstone K h 'X T UtfA (hatfWl n„rb ury $oul*impton ^ches"’r S US SEX ARfiA
Ha m p s h ir e jlorsharn a .YD Isle ot Wig h t a r j a
Ramsey
□ Rrqiomil office Chiches^r pevensey \\ortl,in9 O Area offices Portsmouth t-:astb°ur"e A District offices • Main Towns
Not to scale
1 Land Drainage Act 1976 BYELAWS
The Southern Water Authority under and by virtue o f the powers and authority vested in them by Section 34 o f the Land Drainage Act 1976 and o f every other pow er enabling them in that behalf hereby make the following Byelaws for securing the efficient working o f the drainage system in their arca:- 1. Application of Byelaws These Byelaws shall have effect within the Southern Water Authority area for the purposes o f their functions relating to land drainage, and except where otherwise stated shall apply only to the main rivers and the sea and tidal defences o f the Authority’s area. PART 1 Main River 2. River Control Works - Use and Maintenance Any person having charge o f any river control work shall -
( a ) maintain such river control work in a proper state of repair and efficiency to the reasonable satisfaction of the Authority;
( b ) use such river control work in such manner as not to affect the efficient w orking o f the drainage system of the area; and
( c ) com ply with such reasonable directions as may from time to time be given by the Authority with a view to the prevention o f flooding or any shortage in the flow or supply o f water or otherwise to the efficient working o f the drainage system o f the area
PROVIDED THAT
( 1 ) this Byelaw shall apply also to river control works which regulate the flows o f water from any watercourse into the main river or from the main river into any watercourse.
( 2 ) Byelaw 4 l( 1) shall not apply to a direction o f the Authority under this Byelaw.
2 River Control Works - Discontinuance - Removal - Alteration - Repair ( 1 ) No person having charge of a river control work shall, without the previous consent of the Authority — ( a ) discontinue the use thereof, or remove the same, or (h ) earn- out any alteration or reconstruction of, or addition, reduction, or repair to the river control work; PROVIDED THAT the foregoing shall not apply to any action taken in an emergency' so long always as notice in writing o f such action is given to the Authority as soon as practicable. ( 2 ) In any case where notice is given to the Authority by virtue of the proviso to paragraph ( 1) above the Authority may, by notice in writing, direct the person having charge of the river control work to take such action with regard to the river control work and within such reasonable period as is specified in the notice and the person having charge of the river control work shall thereafter comply with those directions. ( 3 ) In any case where the consent o f the Authority under paragraph ( 1 ) above is refused the Authority may, by resolution (due notice w hereof shall be given to the person having charge o f the river control w orks) assume responsibility for the maintenance and use o f the river control work.
Prevention of Interference with River Control Works No person shall without lawful authority or excuse interfere with or remove or in any way damage any river control work, drainage work, bridge, building, access road, or any structure, appliance or property whatsoever vested in or under the control o f the Authority for the purpose o f or in connection with their functions relating to land drainage.
Alteration or Diversion of Flow No person shall without the previous consent o f the Authority divert or permit to be diverted the direction of the flow o f water into, in or out of the main river or alter or permit to be altered the level o f water in the main river.
Obstruction to Flow No person shall so as to directly or indirectly obstruct, impede or interfere with the flow o f water in, into or out o f the main river or so as to damage the banks thereof— ( a ) discharge or put or cause or permit to be discharged or put or negligently or wilfully cause or permit to fall into and remain in the main river any object or matter of any kind whatsoever whether solid or liquid. ( b ) allow any such object or matter as is referred to in paragraph ( a ) of this byelaw to remain in proximity to the main river in such manner as to render the same liable to drift or be carried into the main river in time of flood.
3 PROVIDED THAT nothing in this Byelaw shall he* deemed to render unlawful tin- grow ing or harvesting o f crops on any land adjoining the hank o f the main river.
7. Control of Vermin in Banks The occupier o f any hank o f the main river or any part thereof shall upon heing required hy the Authority hy notice in writing within such reasonable time as may therein he specified take such steps as may from time to time he necessary and reasonably practicable for preventing the hank becoming infested by rabbits, rats, musk rats, mink, moles and other vermin PROVIDED THAT in taking such steps as aforesaid he shall not do or cause o r permit to be done anything o f such a nature as to cause damage to or endanger the stability o f the bank.
8. Notice to remove Growth in or on Banks and River Control Works ( 1 ) 'Hiis Byelaw shall apply to the main river or any watercourse flowing directly thereinto and shall have effect for the purpose o f preventing any obstruction or impediment to or interference with the flow o f water into, in or out o f the main river or the watercourse as the case may be and for the purpose o f preserving the main river or the watercourse or the banks thereof as the case may be from damage o r destruction. ( 2) The occupier of any bank of the main river or any watercourse flowing into the main river or any part thereof or any river control works shall upon being required by the Authority by notice in writing within such reasonable time as may therein be specified cut clown such trees, willows, shrubs, grasses, reeds, rushes or weeds in or on the bank o f the river or watercourse or river control works as may be specified by such notice and shall remove the same from the river or watercourse as the case may be as soon as reasonably practicable after the cutting thereof PROVIDED THAT in giving any notice under this Byelaw the Authority shall, so far as is reasonably practicable, have regard to any established system o f weedcutting operations upon any such watercourse.
9. Repairs to Buildings The ow ner o f any building or structure in or over the main river or on the banks thereof shall, upon receipt o f a notice from the Authority that because o f its state o f disrepair:- ( i ) the building or structure is or is in imminent danger of causing an obstruction to the flow o f the main river, or ( i i ) the building or structure is causing o r is in imminent danger o f causing damage to the bank o f the main river
4 carry out such reasonable and practicable works as are specified in the notice for the purpose o f remedying or preventing the obstruction or damage as the case may be within such reasonable time as is specified in the notice.
PROVIDED THAT Byelaw 4 l( 1) shall not apply to a notice to be given or served by the Authority under this Byelaw.
10. Control of Animals
The occupier o f any land through which the main river flows or which abuts on the main river shall, if reasonably required to do so by an officer o f the Authority ensure that during the progress o f any work carried out by the Authority its servants or agents or during any inspection by the Authority its servants or agents on such land or on so much of the main river as is co-extensive therewith, cattle, dogs, horses or dangerous animals are not kept on that land or, if kept thereon are kept under proper control and supervision.
11. Driving of Animals and Vehicles on Banks etc.
No person shall use or drive or permit or cause to be used or driven any vehicle o f any kind whatsoever whether mechanically propelled or not or ride any animal over or along the bank o f the main river, drainage work, river control work, bridge or culvert vested in or under the control o f the Authority in such a manner as to cause or be likely to cause damage to or a danger to the stability o f such hank, drainage work, river control work, bridge or culvert PROVIDED THAT this Byelaw shall not apply to a bridge or culvert carrying a highway maintainable at the public expense.
12. Damage to Banks by grazing of Animals
Any person using or causing or permitting to be used any bank o f the main river for the purpose o f grazing or keeping any animal thereon shall take such steps as are necessary and reasonably practicable to prevent the banks or the channel o f the main river from being damaged by such use PROVIDED THAT nothing in this Byelaw shall be deemed to affect or prevent the use of any bank for the purpose o f enabling stock to drink at any place to be made or constructed for that purpose as may be approved by the Authority.
5 13. Acts endangering the Stability of orcausing damage to Banks or Drainage Works
( 1) This Byelaw shall apply to the main river and to any drainage works constructed thereon or therein ( 2 ) N o person shall without the previous consent o f the Authority — ( a ) cut or pare or rem ove or cause or permit to be cut or pared or removed any turf from a part o f the bank of the main river or any drainage work; ( b ) dig for or rem ove or cause or permit to be dug for or removed any fishing bait on, in or within 3 metres o f the foot o f the bank o f the main river, or o f any drainage work; ( c ) dig or remove, excavate, disturb, disperse or cause or permit to be dug or removed, excavated, disturbed or dispersed any sand, shingle, chalk, soil, slag, stones, pitching, revetment, concrete, gravel, small coal, clay, earth, timber, gabions, wattle, piles o r any material whatsoever forming part of the bank o f the main river, drainage work or river control work; ( d ) remove, disturb, displace, set alight, or injure any groynes, breakwaters, piles, planks, mattresses, scaffolding, fences, steps, gates, windbreaks, wattles, netting, faggots, thorns, stakes, bags, sacks or other works or materials belonging to or set up, collected, stored, arranged or maintained by the Authority for the purpose of protecting, maintaining and improving the bank o f the main river, drainage work or river control work; ( e ) make or cause or permit to be made any excavation or do or cause or permit to be done anything in o r upon the land adjoining the bank o f the main river, drainage work or river control work o f such a nature as to cause damage to or to endanger the stability of the bank, drainage work or river control work.
14. Erections, Excavations etc. affecting Bed or Banks of River N o person shall without the previous consent o f the Authority — ( a ) erect or construct or cause or permit to be erected or constructed any building, pylon, wall, fence, wharf, jetty, quay, pier, loading stage, landing place, piling, groyne, revetment, steps, staging gangway, m ooring or any other building or structure whatsoever or place or install or cause to be placed or installed any crane, elevator or other machinery or plant whatsoever in the main river or in, on or over any bank o f the main river, drainage work or river control work or within 8 metres measured horizontally from the foot o f any bank on the landward side or where there is no bank w ithin 8 metres measured horizontally from the top edge of the batter enclosing the river;
6 ( b ) make or cut or cause or permit to be made or cut any excavation or tunnel or any drain, culvert or other passage for water into, in out o f or under the main river or through any bank o f the river or drainage work or river control work;
( c ) place or affix or cause or permit to be placed or affixed any gas or water main or any sewer or other pipe whatsoever or any supports in respect thereof or any wire, barbed wire, fencing or barrier or any electric main or cable or any private telephone wire or cable or any radio rediffusion cable or wireless aerial in, over or under the main river or in. over, under or through any bank, drainage work or river control work or within 8 metres measured horizontally from the foot o f any bank on the landward side or where there is no bank within 8 metres measured horizontally from the top edge o f the batter enclosing the river;
PROVIDED THAT
(1 ) any person may execute any temporary works as aforesaid in case o f emergency but shall forthwith inform the Authority thereof and comply with any directions which the Authority may give w'ith regard thereto.
(2 ) Byelaw 41 (1) shall not apply to a direction o f the Authority under this Byelaw.
(3 ) nothing in this Byelaw shall render it necessary for the consent of the Authority to be obtained to the erection elsewhere than in or over the main river o f a fence consisting o f timber posts and rails or timber posts and wire and erected for agricultural purposes.
15. Planting of Trees on or adjoining Banks
No person shall without the previous consent in writing o f the Authority plant any tree, shrub, w illow or other similar growth within 8 metres measured horizontally from the foot o f any bank o f the main river on the landward side or where there is no bank within 8 metres measured horizontally from the top edge of the batter enclosing the main river or in relation to any part of the main river that is contained in a culvert. over the culvert or within 8 metres of either side of it.
16. Dredging Operations
No person shall dredge or raise or take or cause or permit to be dredged or raised or taken any sand, ballast, clay or other materials from the bed or bank o f the main river so as to cause damage to or endanger the stability o f such bank or any drainage works thereon or therein except with the previous consent o f the Authority. 17. Deposit on Banks etc.
N o person shall use or cause or permit to he used any bank o f the main river or drainage w ork or river control work for the purpose o f depositing, stacking, storing or keeping any rubbish or goods or any material or things thereon in such manner as by reason o f the weight, volume or nature o f such rubbish, goods, material or things to cause damage to or endanger the stability o f the bank or drainage work or river control work or interfere with the right of the Authority to deposit spoil on the banks or otherwise prevent the earn ing out o f land drainage works.
18. Prohibition of Heaps on Flood Plain
N o person shall without the previous consent o f the Authority' construct, erect, form or cause or permit to be constructed, erected or formed on land adjacent to the normal channel o f the main river and over which flood waters may flow any heap o f material which is o f such size or character or is placed in such a position as to be likely to divert or obstruct the flow o f flood water and to affect adversely the efficient working o f the drainage system o f the Authority area.
PROVIDED THAT
( 1 ) this Byelaw shall not apply to temporary works constructed or carried out in an em ergency provided that notice thereof shall forthwith be given in writing to the Authority and that such works shall be removed if so requested by and in accordance with the directions o f the Authority;
( 2 ) such consent shall not be required in relation to any construction, erection or formation as aforesaid in respect of which planning permission has been granted by a local planning authority or by the Secretary' o f State on an application in that behalf made to a local planning authority;
( 3 ) such consent shall not be required in relation to the making o f hay and straw stacks, sugar beet, potato and other clamps and manure heaps and the like in the ordinary course of accepted agricultural practice;
( 4 ) Byelaw 4 l( I ) shall not apply to a direction o f the Authority under this Byelaw.
19. Mooring of Vessels
No person shall m oor or place any vessel in such manner as to obstruct or impede the free flow of water into, in or out o f the main river or cause damage to the banks o f the main river.
8 20. Unattended Vessels
No person shall allow any unattended vessel to obstruct or impede the free flow o f water into, in or out o f the main river so as to impair the efficiency o f any drainage work or river control work.
21. Notice to Remove Vessel obstructing the River
Where any vessel is moored or lying in such a position as is likely to interefcre with any lawful operation o f the Authority the owner o f such vessel shall within seven days after receipt o f notice to that effect from the Authority remove the vessel for such length o f time as the Authority may reasonably require for the completion o f such operations.
22. Sunken, stranded or abandoned Vessels
No person who is the owner o f a vessel sunk, stranded, damaged or adrift in the main river or in the case o f a vessel which is abandoned who was the owner immediately before the abandonment shall after receipt o f notice from the Authority that the vessel is causing an obstruction permit the vessel to remain in the river in such manner as to impede or harmfully direct the flow o f water into, in or out o f the main river or to endanger the stability o f any drainage work.
PROVIDED THAT Byelaw 4 l( 1 ) shall not apply to a notice given or served by the Authority under this Byelaw.
23. Navigation/Speed Limits
No person shall in the main river navigate any mechanically powered vessel in such manner or at such speed so as to injure any bank, drainage work or river control work and where the Authority has by notice limited the speed o f such vessels navigating along any length o f the river no person shall navigate such a vessel over the bed o f the river at a speed greater than the speed so limited.
PROVIDED THAT the Authority shall not exercise its powers under this Byelaw to limit the speed o f such vessels in any tidal waters except after consultation with the Secretary o f State for Trade. PART 2 Sea and Tidal Defences
24. Repairs to Buildings on Sea
Any person who is responsible for the maintenance in proper repair of any building, structure or erection in. on, over or under any sea defences shall, on receipt o f a Notice from the Authority, that the building, structure or erection is causing or is likely to cause by reason o f its disrepair, damage to the sea defences, earn out to the satisfaction o f the Authority such reasonable and practicable repairs or other works as may be specified in the N otice and necessary for the purpose o f preventing such damage to the sea defences.
25. Control of Animals
The occupier o f any land upon which sea defences are situated or which abuts on sea defences shall, if reasonably required to do so by an officer o f the Authority, secure that, during the progress of any work carried out by the Authority its servants or agents or during any inspections by the Authority’ its servants or agents on such sea defences, cattle, dogs, horses or dangerous animals are not kept on that land or, if kept thereon, are kept under proper control and supervision.
26. Acts endangering Stability of or causing Damage to Sea Defences
N o person shall without the previous consent o f the Authority:-
( a ) disturb or rem ove or cause to be disturbed or removed any material whatsoever lying on the bed of the sea in the neighbourhood o f any groyne or other works in the sea (oth er than groynes or works o f a Navigation, Harbour, Pilotage or Conservancy Authority) which was set up for the purpose o f securing the proper defence against sea or tidal water of any part o f the Authority’ Area;
( b ) disturb or rem ove or cause to be disturbed or removed any material whatsoever from:
10 ( i ) any part o f the Authority Area below high water mark of medium tides or from any deposits or accretions resulting from any works carried out by the Authority or its predecessors;
( ii) any part o f the area lying between high water mark of medium tides and the foot o f the landward side o f any sea defences;
( iii) any part o f the area lying between the foot of the landward side o f any sea defences and a line measured on the landward side of any such sea defences at a distance of 200 metres from and parallel to the foot o f the landward side thereof
PROVIDED THAT
( 1 ) nothing in this paragraph o f this Byelaw shall restrict, prevent or interfere with the normal cultivation o f any land;
(2 ) where the sea defence comprises a beach or other natural bank with no identifiable landward side the distance for the purposes o f this Byelaw shall be the distance o f 250 metres from the high water mark of medium tides
( c ) make or cause or permit to be made any excavation or do or cause or permit to be done anything in or upon any land or cliff adjoining the sea defences of such a nature as to cause damage to or endanger the stability of the sea defences;
( d ) cut down, trample down, dig up. kill, injure, destroy, carry away or interfere with any herbage, marram grass, shrubs, trees or other vegetation growing upon the sea defences;
( e ) remove, disturb, displace, set alight, injure or destroy any groynes, breakwaters, piles, planks, mattresses, scaffolding, gabions, fences, steps, gates, windbreaks, wattles, netting, faggots, thorns, stakes, bags, sacks or other works or materials belonging to, set up, collected, stored, arranged or maintained by the Authority for the purpose o f protecting, maintaining or improving the sea defences or the beach and foreshore fronting the same.
27. Erections, Excavations etc., affecting Sea Defences
No person shall without the previous consent o f the Authoritv:-
(a ) erect, set up, place, deposit or maintain or cause, authorise or permit to be erected, set up, placed, deposited or maintained in, on, over or under the sea defences or any part thereof or any part o f the area lying betw een the foot o f the landward side o f any sea defences and a line drawn on the landward side of any such sea defences at a distance o f 15 metres from and parallel to the foot
11 o f the landward side thereof or any part of the area lying between low' water mark o f medium tides and the seaw ard side o f any sea defences, any structure, building or erection or any tent, caravan or vehicle or any fence, gate or steps or any material or thing.
PROVIDED TH AT nothing in this paragraph o f this Byelaw shall apply to land on the landward side of a highway maintainable at the public expense (o r any bridge over which such highway passes) not being a public bridle-path or public footpath; I
( b ) make or cut or cause or permit to be made or cut any excavation or any tunnel or any drain, culvert or other passage for w'ater or other liquid o f any kind whatsoever in. under, or through any sea defences;
( c ) place or affix or cause or permit to be placed or affixed any gas or w'ater main or any pipe or cable or wire in, under, over or through any sea defences.
PROVIDED THAT nothing in this Byelaw shall render it necessary for the consent o f the Authority to be obtained to the erection elsewhere than on the sea defences o f a fence consisting of timber posts and rails or timber posts and w'ire and erected for agricultural purposes.
28. Driving of Animals and Vehicles on Sea Defences
N o person shall w'ithout the previous consent o f the Authority take or drive or permit or cause to be taken or driven any animal or vehicle of any kind whatsoever whether mechanically propelled or not on, over or along the sea defences except for the purpose o f crossing the sea defences at or by any existing public or private pull-over or cart gap or at or by any other place for the time being authorised by the Authority.
29. Deposit on Sea Defences
N o person shall without the previous consent of the Authority deposit, stack, store or keep or permit to be deposited, stacked, stored or kept any rubbish or goods or I any material or things in, on, over or under the sea defences or any part thereof or any part o f the area lying between the foot o f the landw ard side o f any sea defences and a line drawn on the landward side o f any such sea defences at a distance o f 15 metres from and parallel to the f
12 30. Prevention of Interference with Sea Defences
No person shall without lawful authority or excuse interfere with or remove any sea defences, building, access road, or any structure, appliance or property whatsoever vested in or under the control of the Authority for the purpose o f or in connection with their functions relating to defence against sea or tidal water.
31. M a i n te n a n ce and Alterations of Floodgates etc.
Any person having charge o f any floodgate, lock, sluice or other structure or appliance provided or constructed for the purposes of defence against sea or tidal waters shall maintain such floodgate, lock, sluice or other structure or appliance in a proper state o f repair and efficiency to the reasonable satisfaction o f the Authority and shall not discontinue the use thereof or remove the same or carry out any alteration, reconstruction, addition or reduction to the same without the previous consent of the Authority.
32. Control of Vessels
No person shall allow any vessel to cause injury to or obstruct the sea defences or any groyne or other works in the sea.
33. Control of Vermin on Sea Defences
The occupier o f any land upon which any sea defences are situated or any part thereof shall upon being required by the Authority by notice in writing within such reasonable time as may therein be specified take such steps as may from time to time be necessary and reasonably practicable for preventing the sea defences from becoming infested by rabbits, rats, musk rats, mink, moles and other vermin PROVIDED THAT in taking such steps as aforesaid he shall not do or cause or permit to be done anything o f such a nature as to cause damage to or endanger the stability o f the sea defences.
34. Damage to Sea Defences by grazing of Animals
Any person using or causing or permitting to be used any sea defences for the purpose of grazing or keeping any animal thereon shall take all such steps as are necessary' and reasonably practicable to prevent the sea defences from being damaged by such use.
13 PART 3 Supplementary Provisions
35. Interference with Notices
N o person shall deface or remove any notice board, notice or placard put up by the Authority.
36. Obstruction of the Authority's Officers
No person shall obstruct, interfere with or resist any officer or agent or servant of the Authority properly exercising any o f their powers or duties under these Byelaws.
37. Entry onto the Authority's Land
N o person shall without lawful authority enter upon any land belonging to, in the occupation o f the Authority, where there is prominently displayed upon or near the land a notice prohibiting entry and such entry' is likely to endanger any person or property.
38. Notices
Any consent notice or other document required or authorised to be given or served under these Byelaws shall be sufficiently given or served if given in w'riting under the hand o f a duly authorised officer o f the Authority and serv ed in the manner provided in Section 108 o f the Land Drainage Act 1976. For the purposes o f these Byelaws the word “premises” referred to in Section 108 o f the Act shall include a vessel.
39. Application for Consent
Any application made under these Byelaws for the consent o f the Authority' for the doing o f any act or for the Approval o f the Authority to any act, the matter or thing shall be made in writing and the applicant shall furnish therewith all such plans, drawings and other relevant information in relation to such application as the Authority may reasonably require.
40. Power to impose Terms and Conditions to Consent
W here by these Byelaws any person is required to refrain from doing any act without the consent of the Authority any such consent may be given subject to such reasonable terms and conditions as in the opinion o f the Authority’ are necessary to secure the efficient working o f the drainage system o f the Authority's area.
14 41. Determination of Disputes
( 1) Where by or under these Byelaws ( except Byelaws 2 (c), 9, 14( 1 ), 18( 1 ) and 22 ) any person is required by a notice in writing given by the Authority to do any work to the satisfaction o f the Authority or to comply with any directions o f the Authority, he may within 21 days after the service o f such notice on him give to the Authority a counter-notice in writing objecting to either the reasonableness of or the necessity for such requirement or directions, and in default of agreement between such person and the Authority the dispute shall be determined xs hereinafter provided. Where such a counter-not ice has been given to the Authority the operation o f the notice shall be suspended until either agreement has been reached or the dispute has been determined by arbitration in accordance with the provisions o f this Byelaw.
(2 ) Any dispute as to whether the consent o f the Authority under these byelaws to the doing o f any act has been unreasonably withheld, or as to whether any conditions subject to which such consent is granted are unreasonable, or as to the satisfactory execution o f any work which is required by a notice given by the Authority under these byelaws to be done, or as to compliance with any directions which the Authority is empowered by these byelaws to give, shall be determined as hereinafter provided.
( 3 ) Such a dispute shall if it arises between a drainage authority or a kx'al authority and the Authority be referred to the Minister whose decision shall be final. In any other case such dispute shall be referred to the arbitration o f a single arbitrator to be appointed in default o f agreement by the President o f the Institution o f Civil Engineers on the application o f either party.
42. Breach of Conditions of Consent
Where the Authority give their consent under these Byelaws for the doing o f any act subject to any conditions they are authorised to impose a breach o f the conditions shall be deemed as regards liability to a fine and other consequences equivalent to the doing o f the act without the required consent.
43. Application to Crown
Nothing in these Byelaws shall operate to prevent the removal of any substances on, in or under or the erection o f any structure, building or machinery or any cable, wire or pipe on, over or under lands belonging to Her Majesty in right o f the Crown by any person thereunto authorised by the Crown Estate Commissioners.
15 44. Savings for Local Authorities, Statutory Undertakers etc.
Nothing in these Byelaws shall -
( a ) interfere with the operation o f any Byelaw made by a Navigation, Harbour, Pilotage or Conservancy Authority or any o f their Regulations or Directions made pursuant to statute but no person shall be liable to more than one penalty or in the case o f a continuing offence m ore than one daily penalty in respect o f the same offence.
( b ) restrict, prevent, interfere with or prejudice the due and proper exercise of any statutory rights or powers which are now or hereafter may be vested in or exercised by:-
( i ) an Internal Drainage Board or other drainage authority;
(ii) any statutory' water undertakers as defined in Section 11( 6 ) o f the Water Act 1973;
(iii) the British Gas Corporation under the provisions o f the Gas Act 1972;
(iv ) the Central Electricity Generating Board or any Area Board established under the Electricity Acts 1947 and 1957; (v) any Navigation, Harbour, Pilotage or Conservancy Authority; (v i) the British Railways Board or any Regional Railways Board established under the Transport Act 1962 with respect to the construction use or maintenance of any railway bridge or any other work connected with their railways or so as to interfere with the traffic thereon;
(v ii) any local authority; (v iii) any highway authority for the purposes o f the Highways Act 1980 in relation to a highway whether or not maintainable at public expense;
(ix ) the Post Office; ( x ) British Telecom; (x i) the British Airports Authority; (x ii) the Civil Aviation Authority; (c ) restrict, prevent, interfere with or prejudice either the erection by such local or highway authority o f fencing for the protection o f the public or any right of such authority to introduce into any watercourse surface water from any road or highway; ( d ) affect any liability arising otherwise than under and by reason thereof. 45. Definition and Interpretation
In these Byelaws unless the context otherwise requires the following words and expressions shall have the meanings hereby respectively assigned to them, that is to say:-
“Act" means the I.and Drainage Act 1976;
“Anim al" includes any horse, ass, mule, cattle, sheep, goat, swine, goose or poultry;
“Authority” means the Southern Water Authority;
“A n thori ty A rea " means the area of the Authority for the purpose o f their functions relating to land drainage;
“Bank" means any bank, piling, wall, berm or embankment adjoining or confining or constructed for the purpose of or in connection with any watercourse (including any berm or counterwall connected to a bank) and in the case of watercourses within which tidal waters flow includes all land between the bank and low water mark or in the case o f other watercourses includes all land between the bank and the level of the water therein from time to time;
“Consent o f the means the consent o f the Authority in writing signed by any Authority” person authorised on their behalf by the Authority;
“Drainage in Byelaws means an internal drainage board; Authority”
"Drainage Works" includes works for defence against water ( including sea water) irrigation, other than spray irrigation and warping;
“Land" includes water, land covered by water and any interests in land or water and any easement or right in, to or over land or water;
“Local authority” means the council o f any county or district;
“Main river" has the meaning assigned to it by Section 8( 3 ) of the I.and Drainage Act 1976;
"Minister" means the Minister of Agriculture, Fisheries and Food;
“Occupier" means in the case of land not occupied by any tenant or other person the person entitled to ih'iu occupation thereof;
17 “Oumer" includes the persons defined as such in the Public Health Act 1936;
“Person ” includes a body corporate;
“Railway” means a railway constructed under the powers o f any Act o f Parliament and intended for the conveyance o f passengers or goods;
“Rii'er Control means any valve, sluice, hatch, floodgate, staunch gate, paddle, Work" penstock, lock, weir, dam, pumping machinery, pump, pipe, culvert or any other structure or appliance for controlling, measuring or regulating the level o f the water or the flow o f water into, in or out o f the main river or for drawing water from or delivering water into the main river;
"Sea Defences” includes any wall, bank, embankment, ( including any berm, counterwall o r cross wall connected thereto) barrier, tidal sluice or other defences whether natural or artificial against sea water or tidal water; provided that this definition shall not include any sea defence works which are maintained by a Coast Protection Authority under the provisions o f the Coast Protection Act 1949 or by any Local Authority or by any Navigation, Harbour or Conservancy Authority;
“Vessel” includes any ship, lighter, keel, barge, tug, launch, pleasure boat, houseboat, aircraft, hovercraft, randan, wherry, skiff, dinghy, shallop, punt, pontoon, floating stage, canoe, yacht, raft, float o f timber, or any other craft whatsoever whether worked, navigated or propelled by steam, petrol, oil, electricity or other mechanical means, or otherwise;
“Watercourse" includes all rivers, streams, ditches, drains, culverts, cuts, dykes, sluices, sewers (oth er than public sewers within the meaning o f the Public Health Act 1936 ) and passages through which water flows and any reference to a watercourse includes a reference to the channel or bed o f a watercourse which is for the time being dry but excludes any canal or connecting feeding channel vested in or controlled by the British Waterways Board;
And other words and expressions shall have the same respective meanings as in the Act.
18 46. Revocation
All I,and Drainage Byelaws made by the former Hampshire River Board, the Hampshire River Authority, the Isle o f Wight Rivers Catchment Board, the Kent Rivers Catchment Board, the Romney and Denge Marsh Main Drains Catchment Board, the Rother and Jury’s Gut Catchment Board, the Hast Sussex River Board, the West Sussex River Board and the Sussex River Authority, other than Byelaws made by the East Sussex River Board and the West Sussex River Board acting as Internal Drainage Boards, are hereby revoked.
47. Limitation
Nothing in these Byelaws shall —
( i ) authorise the Authority to require any person to do any act the doing o f which is not necessary for securing the efficient working o f the drainage system o f the Authority area or to refrain from doing any act the doing of which does not adversely affect the efficient working o f the drainage system o f the Authority area;
( ii) require any person to do any act or thing or to refrain from doing any such act or thing which would contravene the provisions o f any Statutory Orders Regulations or Notices made pursuant to the provisions of any Act o f Parliament.
48. Citation and Commencement
These Byelaws may be cited as the Southern Water Authority land Drainage and Sea Defence Byelaws 1981 and shall come into operation at the expiration o f one month beginning with the day on which they are confirmed by the Minister.
19 IN WITNESS WHEREOF the Common Seal o f the SOUTHERN WATER AU TH O RITY was hereunto affixed this ninteenth day o f October 1981
G.I). NICHOLSON Director of Administration
The Minister o f Agriculture, Fisheries and Food, in pursuance of the pow ers conferred upon him under Section 34 of, and paragraph 6 o f the Schedule 4 to, the Land Drainage Act 1976 HEREBY CONFIRMS these Byelaws IN WITNESS whereof the Official Seal o f the Minister of Agriculture, Fisheries and Food, is hereunto affixed on the 4th October 1982.
A.F. LO NG W O RTH Assistant Secretary
(N O TE : These Byelaws incorporate modifications made by the Minister with the consent o f the Water Authority ).
Notes Penalties and Recovery of Expenses
1. By Section 211 ( 4 ) of the Water Resources Act 1991 any person who acts in contravention of, or fails to comply with, any o f the foregoing Byelaws shall be liable on summary conviction to a fine not exceeding LEVEL 5 OF THE STANDARD SCALE and, if the contravention or failure is continued after conviction, to a further fine not exceeding FORTY FOUNDS for every day on which the contravention or failure is so continued. 2. By Section 211 ( 5 ) of the VX'ater Resources Act 1991 if any person acts in contravention of, or fails to com ply with, any of these Byelaws the Authority may, without prejudice to any proceedings under sub-section ( 5) of the Section, take such action as may be necessary to remedy the effect o f the contravention or failure, and may recover the expenses reasonably incurred by them in doing so from the person in default. En v ir o n m e n t A g e n c y
NATIONAL LIBRARY & INFORMATION SERVICE
SOUTHERN REGION
Guildbourne House, Chatsworth Road, Worthing, West Sussex BN 11 1LD
NRA National Rivers Authority Southern Region Regional Office Guildboume House, Chatsworth Rood, Worthing, West Sussex BN11 1LD ENVIRONMENT AGENCY (0903)820692 March 1994
0 4 8 6 5 3